US Chamber Rejoices As Courts Rule For Polluters

Earlier this week, an appellate court in Washington, D.C. ruled that the U.S. Environmental Protection Agency (EPA) had overstepped their authority with their Transport Rule that was put in place to reduce the amount of air pollution being spewed from coal burning plants. The rule would have put stringent limits on the amount of pollution that was being emitted and carried across state lines by weather.

A panel of the U.S. Court of Appeals for the District of Columbia Circuit found in a 2-1 ruling that the EPA, in its so-called “Transport Rule,” had required too much pollution cutting when regulating power plants in 27 upwind states.

In looking at the rule’s “good neighbor” provisions under the Clean Air Act, the court found the EPA did not allow states time to reduce pollution on their own before taking its own action.

The EPA’s own estimates show that the rule could have prevented as many as 15,000 heart attacks a year, 19,000 emergency room visits, and would have reduced sulfur dioxide emissions by 73% and nitrogen oxide emissions by 54%. Both of those are known lung irritants.

Wasting no time, the U.S. Chamber of Commerce sent their astroturf division out to tout the court’s ruling as a victory for businesses, and for America. The Institute for 21st Century Energy, the Chamber’s energy front group, released the following statement from their president, Karen Harbert:

“Today’s decision is good news for consumers and for the reliability of our electricity grid. It is notable that for the second time in two weeks, federal circuit courts have affirmed the primary responsibility of states—not the EPA—in determining how to meet air quality standards under the Clean Air Act.”

“It has always been the contention of the Chamber that EPA regulations should be supported by sound science and accurate analysis. The EPA has habitually inflated the benefits and underestimated the costs of its regulations.”

The EPA was granted the authority to regulate carbon dioxide emissions by the U.S. Supreme Court back in 2007, but the recently struck down rule did not apply to carbon dioxide, only sulfur and nitrogen. However, if the case makes its way up to the Supreme Court, it is likely that the 2007 ruling could be broadened to include emissions in addition to carbon dioxide.

And while the Chamber was quick to jump on the side of industry claiming that the costs of the regulations were too lofty, they completely ignored all of the available evidence that these new air pollution standards would have actually saved our economy trillions of dollars.

So now, we have an industry and their corporate lackeys at the U.S. Chamber of Commerce who aren’t just putting their profits above the health of American citizens, but they are putting those profits ahead of the health of the already-fragile U.S. economy. The American taxpayers will continue to foot the bill for those who get sick from the pollution the dirty energy industry continues to pump into our atmosphere.

The U.S. Chamber of Commerce has a long history of being on the wrong side of environmental issues. A few years ago, they were the target of enormous corporate backlash when they continued to ignore climate change, leading numerous high-profile companies like Nike and Apple to leave the group because of their backwards-thinking, science-denying operations.

But the U.S. Chamber isn’t the only villain – state and local chapters of the Chamber of Commerce have been on the forefront of climate change denial and polluter defense for years. Think Progress reported that the state branches of the Chamber of Commerce in Kansas, Michigan, West Virginia, and Indiana have done their best to either completely deny climate change, host speakers that deny climate change, or to confuse the public about this issue. In the state of Michigan, the Chamber is actually lobbying against efforts to invest in renewable energy, which would create much-needed jobs.

One of the main reasons the U.S. Chamber has been so successful with their lobbying efforts is that they have a very broad focus. While most companies or interest groups focus solely on elected representatives, the U.S. Chamber has spent an enormous amount of time, money, and energy lobbying the Judicial Branch. And as this week’s ruling shows, that has been a wildly successful venture for the group.

The court that issued this week’s ruling, United States Court of Appeals for the District of Columbia Circuit, has a very conservative majority sitting on the bench. Only three of the appellate judges in the Circuit were appointed by a Democratic president, and those were from Bill Clinton. The Court currently has three vacant seats, which leaves President Obama as little as 4 months to fill those vacancies, if Mitt Romney wins this year’s elections.

Americans tend to forget about our Judicial Branch of government, and of the three branches, the Judiciary gets away with a lot more than our Executive or Legislative branches. It is also a branch that is dangerously susceptible to dirty money, and the lack of public attention allows activist, anti-environmental judges to receive powerful, often lifetime appointments that are nearly impossible to undo. The recent anti-environmental court rulings should serve as a wakeup call to American citizens.

"Fossil-fuel companies have spent millions funding anti-global-warming think tanks, purposely creating a climate of doubt around the science. DeSmogBlog is the antidote to that obfuscation." ~ BRYAN WALSH, TIME MAGAZINE